Common use of Breach by Developer Clause in Contracts

Breach by Developer. If the Developer shall fail or refuse to perform its obligations as required hereunder, then the BOCC shall provide written notice to the Developer indicating the nature of the default. If the Developer has not cured or started to cure the default within a reasonable period of time, the BOCC may, within 120 days following the date that the notice to cure was sent, seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the BOCC because of actions of Developer, then the BOCC shall be entitled to bring a legal action for damages.

Appears in 1 contract

Sources: Development Rights and Responsibilities Agreement

Breach by Developer. If the Developer shall fail or refuse to perform its obligations as required hereunderrequired, then the BOCC shall provide after sixty (60) days from receipt of written notice provided to the Developer by the BOCC indicating the nature of the default. If default and if the Developer has not cured or started to cure the default within a reasonable period of timedefault, the BOCC may, within 120 days following the date that the a notice to cure was sentcure, seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the BOCC because of actions of Developer, then the BOCC shall be entitled to bring a legal action for damages.

Appears in 1 contract

Sources: Development Rights and Responsibilities Agreement